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Blak Sovereignty
Australian Indigenous Sovereignty refers to various rights claimed by Aboriginal and Torres Strait Islander peoples over parts or all of Australia. Such rights are said to derive from Indigenous peoples' occupation and ownership of Australia prior to colonisation and through their continuing spiritual connection to land. Indigenous sovereignty is currently not explicitly recognised in the Australian Constitution or under Australian law. Political movements have emerged in the 20th and 21st centuries around the cause of Indigenous Sovereignty, seeking various political, economic and cultural rights both within and outside of the Australian State. Some have called for constitutional amendments both to recognise First Nations sovereignty of the land and to provide an Indigenous voice to parliament. According to some supporters, the recognition of the prior occupation and ownership of Australia means accepting sovereignty by the First Peoples, and also paves the way for a treaty ...
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Aboriginal Tent Embassy, Canberra 006
Aborigine, aborigine or aboriginal may refer to: *Aborigines (mythology), in Roman mythology * Indigenous peoples, general term for ethnic groups who are the earliest known inhabitants of an area *One of several groups of indigenous peoples, see List of indigenous peoples, including: **Aboriginal Australians (Aborigine is an archaic term that is considered offensive) **Indigenous peoples in Canada, also known as Aboriginal Canadians **Orang Asli or Malayan aborigines **Taiwanese indigenous peoples, formerly known as Taiwanese aborigines See also * * *Australian Aboriginal English *Australian Aboriginal identity *Aboriginal English in Canada *First Nations (other) First Nations or first peoples may refer to: * Indigenous peoples, for ethnic groups who are the earliest known inhabitants of an area. Indigenous groups *First Nations is commonly used to describe some Indigenous groups including: **First Natio ...
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Aboriginal Peoples Of South Australia
The Aboriginal South Australians are the Indigenous people who lived in South Australia prior to the British colonisation of South Australia, and their descendants and their ancestors. There are difficulties in identifying the names, territorial boundaries, and language groups of the Aboriginal peoples of South Australia, including poor record-keeping and deliberate obfuscation, so only a rough approximation can be given here. Its people The following groups' lands include at least partly South Australian territory which includes: Adnyamathanha, Akenta, Amarak, Bungandidj, Diyari, Erawirung, Kaurna, Kokatha Mula, Maralinga Tjarutja, Maraura, Mirning, Mulbarapa, Narungga, Ngaanyatjarra, Ngadjuri, Ngarrindjeri, Nukunu, Parnkalla, Peramangk, Pitjantjatjara, Ramindjeri, Spinifex people, Warki. Colonial intent The '' South Australia Act 1834'' described the land as "waste" and "uninhabited", but unlike other colonies in Australia, the British settlement of South Australi ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment o ...
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Uluru Statement From The Heart
The ''Uluru Statement from the Heart'' is a 2017 petition by Australian Aboriginal leaders to change the constitution of Australia to improve the representation of Indigenous Australians. The statement was released on 26 May 2017 by delegates to the First Nations National Constitutional Convention, held over four days near Uluru in Central Australia. The convention was held after the 16-member Referendum Council, appointed in December 2015 by prime minister Malcolm Turnbull and leader of the opposition Bill Shorten on 7 December 2015, had travelled around the country and met with over 1,200 people. The statement was issued after the convention, and calls for a "First Nations Voice" in the Australian Constitution and a Makarrata Commission to supervise a process of "agreement-making" and truth-telling between the Australian Government and Aboriginal and Torres Strait Islander peoples. The statement references the second part of the 1967 referendum, which (after passing) brou ...
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Native Title In Australia
Native title is the designation given to the common law doctrine of Aboriginal title in Australia, which is the recognition by Australian law that Indigenous Australians (both Aboriginal Australian and Torres Strait Islander people) have rights and interests to their land that derive from their traditional laws and customs. The concept recognises that in certain cases there was and is a continued beneficial legal interest in land held by Indigenous peoples which survived the acquisition of radical title to the land by the Crown at the time of sovereignty. Native title can co-exist with non-Aboriginal proprietary rights and in some cases different Aboriginal groups can exercise their native title over the same land. The foundational case for native title in Australia was '' Mabo v Queensland (No 2)'' (1992). One year after the recognition of the legal concept of native title in ''Mabo'', the Keating Government formalised the recognition by legislation with the enactment by th ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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Indigenous Australians
Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples of the Australian mainland and Tasmania, and the Torres Strait Islander peoples from the seas between Queensland and Papua New Guinea. The term Aboriginal and Torres Strait Islander peoples or the person's specific cultural group, is often preferred, though the terms First Nations of Australia, First Peoples of Australia and First Australians are also increasingly common; 812,728 people self-identified as being of Aboriginal and/or Torres Strait Islander origin in the 2021 Australian Census, representing 3.2% of the total population of Australia. Of these indigenous Australians, 91.4% identified as Aboriginal; 4.2% identified as Torres Strait Islander; while 4.4% identified with both groups.
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Aboriginal Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary interna ...
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Mabo V Queensland (No 2)
''Mabo v Queensland (No 2)'' (commonly known as ''Mabo'') is a decision of the High Court of Australia, decided on 3 June 1992.. It is a landmark case, brought by Eddie Mabo against the State of Queensland. The case is notable for first recognising the pre-colonial land interests of Indigenous Australians within Australia's common law.e.g. in '' Milirrpum v Nabalco Pty Ltd'' ''Mabo'' is of great legal, historical, and political importance to Aboriginal and Torres Strait Islander Australians. The decision rejected the notion that Australia was terra nullius at the time of British settlement, and recognised that Indigenous rights to land existed by virtue of traditional customs and laws and these rights had never been wholly been lost upon colonisation. The Prime Minister Paul Keating praised the decision, saying it "establishes a fundamental truth, and lays the basis for justice". Conversely, the decision was criticised by the government of Western Australia and various mini ...
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Cherokee Nation V
The Cherokee (; chr, ᎠᏂᏴᏫᏯᎢ, translit=Aniyvwiyaʔi or Anigiduwagi, or chr, ᏣᎳᎩ, links=no, translit=Tsalagi) are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, they were concentrated in their homelands, in towns along river valleys of what is now southwestern North Carolina, southeastern Tennessee, edges of western South Carolina, northern Georgia (U.S. state), Georgia, and northeastern Alabama. The Cherokee language is part of the Iroquoian languages, Iroquoian language group. In the 19th century, James Mooney, an early American Ethnography, ethnographer, recorded one oral tradition that told of the Tribe (Native American), tribe having migrated south in ancient times from the Great Lakes region, where other Iroquoian Peoples, Iroquoian peoples have been based. However, anthropologist Thomas R. Whyte, writing in 2007, dated the split among the peoples as occurring earlier. He believes that the ori ...
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Monarchy Of Canada And The Indigenous Peoples Of Canada
The association between the Canadian Crown and Indigenous peoples in Canada stretches back to the first decisions between North American Indigenous peoples and European colonialists and, over centuries of interface, treaties were established concerning the monarch and Indigenous nations. First Nations, Inuit, and Métis peoples in Canada have a unique relationship with the reigning monarch and, like the Māori and the Treaty of Waitangi in New Zealand, generally view the affiliation as being not between them and the ever-changing Cabinet, but instead with the continuous Crown of Canada, as embodied in the reigning sovereign. These agreements with the Crown are administered by Canadian Aboriginal law and overseen by the Minister of Indigenous and Northern Affairs. Relations The association between Indigenous peoples in Canada and the Canadian Crown is both statutory and traditional, the treaties being seen by the first peoples both as legal contracts and as perpetual and person ...
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Tribal Sovereignty In The United States
Tribal sovereignty in the United States is the concept of the inherent authority of tribe (Native American), indigenous tribes to govern themselves within the borders of the United States. Originally, the Federal government of the United States, U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via Treaty, treaties. As the U.S. accelerated its Westward Expansion, westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. The American Civil War, Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act#1871 Act, Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tr ...
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